01 Front Page.ai - Human Resources Association of Central Ohio

March 2012
Leading, Educating & Inspiring HR Excellence!
UPCOMING EVENTS
MARCH 7
Networking Event
Join us for a night of networking fun
and hear from OSU Buckeye Butler
B’ynote’ as he speaks about the
topic, Selecting the Right Members
for Your Team!
5:30PM – 7:30PM
Shadowbox Theatre, Downtown
Columbus, OH
Evening sponsored by Healthy
Outlook Worldwide
MARCH 13
HRACO Member Orientation
10:30AM – 11:00AM
Bridgewater Conference Center,
Powell OH
MARCH 13
Monthly Luncheon
10 Things Your CEO Will Never Tell
You, but HR Needs to Know with
Susan Meisinger
11:15AM – 1:30PM
Bridgewater Conference Center,
Powell OH
MARCH 21
HRACO Webinar Series
Social Recruiting without Bias
12:00PM -1:00PM
MARCH 22
In-Transition Group
Project Management for the HR Job
Seeker
10AM – 11:30AM
ERA, Columbus OH
MARCH 22 & 23
Earn Your Yellow Belt
Driving the Human Resources 500:
Achieving HR Excellence Through Six
Sigma with Daniel Bloom
Elford Inc., Columbus OH
Please visit our website at
www.hraco.org for more information.
The Magazine of the Human Resources Association of Central Ohio
Making a Difference
Steve Gilliland, author, humorist, and
motivational speaker will be our featured
speaker at our April lunch meeting. His
keynote speech will be focused on key
points from his new book which
demonstrates that you don’t need a
master’s degree or a doctorate to make
the world a better place.
Herb Kelleher, Co-founder, Chairman
Emeritus and former CEO of
Southwest Airlines who wrote the
forward to Steve’s book says, “I have
plenty of knowledge that didn’t come
from a formal education, just numerous
experiences that taught me plenty. I
became part of a revolution of inspired
people who see the opportunity to
change the world. More than 38 years
ago, Rollin King and I got together and
decided to start a different kind of airline.
We began with one simple notion: If you
get your passengers to their destinations
when they want to get there, on time, at
the lowest possible fares and make darn
sure they have a good time doing it,
people will fly your airline.” And you
know what? They were right.
tracking customer satisfaction statistics in
1987, and Southwest has consistently led
the entire airline industry with the lowest
ratio of complaints per passengers
boarded. Many airlines have tried to copy
their business model, and the culture of
Southwest is admired and emulated by
corporations and organizations in all
walks of life.
As you listen to Steve Gilliland you will
discover that making a difference is like
innovation. People who make a difference
have the capacity not just to envision
something in an abstract, day-dreaming,
fantasizing kind of way, but they have the
capacity and drive to actually go out and
do it. Steve believes that the world has
more good than bad and that each of us
has the ability to make the good bigger,
while shrinking the bad. His life’s work is
to serve others and influence them to do
the same. He believes that no matter
what you face each day, you have to
remain determined to find a way to bring
joy and hope to people around you. You
have to focus on having calmness,
compassion, humor and a positive
attitude.
Since 1987 Southwest Airlines have been
making a difference in the airline
industry. In view of that fact, The
Department of Transportation began
Continued on Page 7
TABLE OF CONTENTS
Pg 2 - Ohio Means Jobs
Pg 3 - President’s Corner
Pg 4 - HRACO Networking Event
- Welcome New Members
Pg 5 - Workforce Readiness Committee
- Thank You - Monthly Sponsor & Exhibitors
- Looking to Get Involved?
Pg 6 - HR Workshop
www.hraco.org
Pg 7 - Cover Story Continued
- Give Back to Your Profession
Pg 8 & 9 - Monthly Member Networking Event
Pg 10 - Board Member Spotlight
Pg 11 - 13 - State Government Article
Pg 13 - What’s a SIG?
Pg 14 - NLRB Requires HR Attention
Pg 15 & 16 - March is National Nutrition Month
Pg 17 - Finacial Disagreements
OhioMeansJobs: No Ordinary Search Site
Ohio employers have access to a resource that
can save them time, money, and make it much
easier to find qualified candidates for job
openings.
It’s called OhioMeansJobs
(www.OhioMeansJobs.com), and thanks to a
unique partnership between Monster.com and
the state of Ohio, it offers businesses of all sizes
free job posting, free access to millions of
Ohio-based resumes from Monster.com, and free
access to the same case management tools that
Monster.com provides to paying customers. Ohio
is the only state in the nation with this type of
one-stop, all-inclusive website.
Each month, job seekers conduct 3 million
searches at OhioMeansJobs.com. Using this
website is a great way to publicize job openings
and attract high-quality candidates.
OhioMeansJobs.com also has up-to-date
information on state and federal grants and other
programs to help employers with training,
retaining employees and expanding their
operations.
OhioMeansJobs.com is perfect for HR
professionals looking to acquire talent. The site’s
advanced search tools and customizing filters
make it easy to narrow down many resumes to
the most promising ones. It also gives employers
easy access to Ohio-specific information on
everything from wage trends to state incentives
for job training that employers themselves
provide, such as On-the-Job Training grants of
$8,000 for employers who hire eligible,
out-of-work Ohioans.
Based on feedback from business owners, several
enhancements have been made to the site over
the last year. For instance, OhioMeansJobs now
includes “snapshot” job data reports, which
provide information about top occupations and
employers, growing industries, desired
educational level and average salaries in any given
economic development region in the state. It also
features a “Talent Dashboard,” which allows hiring
managers to group job seekers by location,
educational background, skill set, work
experience, schools attended, veteran status and
more.
Since January, OhioMeansJobs has also been
available from a mobile site. In addition, a free
mobile app is now available for job seekers, so
they can view available openings anywhere with
their iPhone, iPad or Android.
OhioMeansJobs allows employers to post job
openings confidentially, if they choose. They can
also use the site to ask for help from local
workforce professionals in filling jobs, and to find
out about upcoming job fairs. Because the site is
maintained by the state of Ohio, employers can
also use their OhioMeansJobs ID and password to
make state tax, unemployment and workers’
compensation payments online, at
OhioBusinessGateway.ohio.gov.
For more information about OhioMeansJobs or
the mobile site and app, email
[email protected], scan the QR Code,
or connect with @OhioMeansJobs on Twitter,
Facebook or LinkedIn.
Connections is published monthly by the Human Resources Association of Central Ohio. The contents of this publication may not be
reproduced either in whole or in part without the prior written permission of the publisher. The closing date for receipt of newsletter
material for the next month’s issue is the first of the current month. All opinions expressed in the articles, columns and
advertisements are those of the writer and do not necessarily represent the position of HRACO.
The magazine of
the Human
Resources
Display advertisement is available on a quarter page, half page or full page basis. A complete rate card is available upon request. All
Association of
advertising copy, including photos and halftones, must be camera-ready. HRACO reserves the right to refuse any advertising which
Central Ohio
it feels inappropriate. Connections, meeting information, job postings and chapter updates can be found on the HRACO website at
Box 3021 • Dublin, OH 43016 • 614.760.0400
www.hraco.org.
Page 2
"Management is
doing things right;
leadership is doing
the right things."
- Peter F. Drucker
March 2012
ness Baby!
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If you are lik
like many sports ffanatics,
i M
March
h iis a month
h get excited
i d about.
b
The time
Th
i
when amateur soothsayers turn on their TV’s, sharpen their pencils and begin to
make predictions for this year’s NCAA basketball tourney. In my circle, talk has been
that OSU will get an automatic bid, Wisconsin Badgers’ sophomore guard Ben Brust
is predicted to be an impact player and the Kentucky Wildcats will be the team to
beat in New Orleans. All in all, if none of these things happen, my day will go on
just fine. So why do we love it so much? Whether it is for bragging rights among co-workers or
friends, a little money on the line or just to feel a part of something big - people seem addicted to
tournament time.
In the HR arena, recruiting talent can be somewhat like filling out brackets. You have lots of
candidates trying to get an invitation into your organization, you match them up with the
competition and advance those who are lucky and/or talented enough to earn a spot in the big
dance, or in our world, a vacant position. Often we experience the clock counting down while
deadlines and pressures mount. Is your current project going to be a buzzer beater? Did you do it
well enough, fast enough and within budget? In addition we have leaders, managers and
coaches with whom we work who have their own thoughts about how the game should be
played. I recently saw a bumper sticker that read, “I believe in Matta.” Ironically this was on the
day that OSU lost to Michigan State at home; however, I respect the impact that a good coach
can have on performance and team culture. While obvious perhaps, you cannot make an
analogy about basketball relating to business without emphasizing the critical nature of
teamwork. Whether on the court or in the board room, the people on your team and the
backgrounds, training, relationships and unique skills they bring are invaluable.
At last month’s HRACO luncheon, Jason and Joe of Talent Anarchy stressed the importance of
building your HR Posse and how enhancing your network can reap significant rewards both
personally and professionally. This crazy month of sports might be the perfect time to reflect
on whether our teams (or posses) are poised to take on HR’s typical madness consisting of
competing demands from customers, Department of Labor audits, legislative pressures, ADA
changes, succession planning, economic challenges, and the host of other things that occupy
our days and our minds.
To quote my favorite basketball player of all time, Michael Jordan, “Talent wins games, but
teamwork and intelligence wins championships.” No cutting our nets down just yet HR
friends. There’s still work to be done. If teamwork and intelligence are cornerstones to
success, posse up and let HRACO be a part of helping you win championships!
Who’s on your team?
Page 3
March 2012
March 13 -- Employee Relations Special Interest
Group
March 22 -- Compensation and Benefits Special
Interest Group
April 26 – Staffing Special Interest Group
2012 Calendar
APRIL 10
Monthly Luncheon
Making a Difference with Steve Gilliland
11:15AM – 1:30PM
Fawcett Center, Columbus OH
APRIL 10
Workshop
Leading With Heart with Steve Gilliland
2:00PM – 5:00PM
Fawcett Center, Columbus OH
ADDITIONAL HRACO PROGRAMS/EVENTS
• Quarterly Executive Meetings
• In-Transition Meetings for HR Professionals that are
held on a bi-weekly basis for support
• Special Interest Group Meetings held on a
quarterly basis (Special Interests Groups are:
Compensation & Benefits, Staffing, Training &
Development)
• Webinars
• Networking Events
• PHR/SPHR Prep Classes
• Mentoring Program
• HRACO Scholarships
Also, don’t forget to visit www.hraco.org and check
out our Special Interest Group (SIG) events, now free
to all active HRACO members.
WELCOME NEW MEMBERS
Nelissa Arriaga Cox
Yuanbin Dang
Eben Beierle
Workday
Rae Ellen Douglas
Janet Beinkampen
Nedra Edwards
American Electric Power
Emily Bilbruck
Veyance Technologies, Inc.
Jonathan Glick
Medical Mutual
Janet Blair
King's Daughters Medical
Center
Bradley Harshaw
Strategic Business Services
Qin He
Scott Burnett
Industrial Commission of Ohio
Christina Charles
Primary Care Nursing Services
Carol Chester
Mount Carmel Health System
Kristie Henneman
Ohio State University Medical
Center
Kellie Jackson
R. W. Setterlin Building
Company
Wallick Properties Midwest, LLC
Cheryl Sparks
The Columbus Blue Jackets
Ruiyuan Jia
Noel Klay
Cardinal Health
Thomas Lianez
Oxywater
Bryan Mandzak
Veyance Technologies
Donna McGehean
Luxottica Retail
Karen Thompson
Florida Production Engineering,
Inc.
Lingxin Wang
Beth-Anne Ware
Nationwide Insurance
Hilary Welsh
Essilor of America, INC.
Megan White
Jeri Horton
Farisa McGowan
Tamarack Farms Dairy
Ann Huston
National Church Residences
William Nolan
Barnes & Thornburg
Brian Wright
Boehringer-Ingelheim
Mariela Cropper
Joyce Peoples
Page 4
March 2012
The Workforce Readiness Committee recently announced a
ground-breaking partnership with New Directions Career
Center (NDCC). The Center, a non-profit organization
serving Central Ohio for more than 30 years, empowers
women in transition to achieve and maintain economic
self-sufficiency. The NDCC team, which has a
long-standing membership in the Human Resources
Association of Central Ohio (HRACO), expressed excitement
regarding the expansive possibilities for the Central Ohio
job market due to the new partnership.
"It's such a privilege to collaborate with HRACO," stated
Linda Danter, NDCC Executive Director. "This investment
means that Columbus employers can select from an even
broader range of qualified, goal-oriented, work-ready
candidates." She then added, "Expertise shared by
members of HRACO build on the solid, career development
foundation provided by Center counselors and specialists."
The two organizations will work on a variety of initiatives
designed to prepare and support the job-seeker,
career-changer, or the individual wishing to develop her
career. Kay Robinson, Vice-President, Workforce Readiness
Committee, explained, "As a committee, we are energized
Thank You!
MARCH MEETING
-EXHIBITORSMcGohan Brabender
ERA- Employer's Resource Association
Validex
Medical Mutual of Ohio
Franklin University
Grapevine Columbus
FEBRUARY MEETING
-SPONSOR-
-EXHIBITORSMcGohan Brabender
Grapevine Columbus
Medical Mutual of Ohio
Portfolio Creative
Page 5
at the prospect of harnessing HRACO's immense resources
to benefit individuals entering or re-entering the job
market, or seeking ways to upgrade their skills and develop
their careers. Ultimately, we all benefit when we pay it
forward by sharing our abilities in this form of non-profit
venture."
One of the focus areas is the provision of monthly, one
hour workshops at NDCC. "We are counting on
HRACO members to share their expertise in an educational
series entitled, Sixty Minutes to Greater
Professional Success. Job seekers and those desiring to
grow their careers will certainly benefit from
members varied professional experiences and extensive
expertise," said Robinson.
Individuals interested in presenting career development
information - or supporting NDCC efforts - may contact
HRACO member Cynthia Kazalia at (614) 849-0028,
extension 104 or [email protected]. For more
details on the work of the Workforce Readiness Committee,
please contact Kay Robinson at (614) 268-2500 or
[email protected].
Looking for a
Way to Get
Involved in
HRACO?
Join the Government Affairs Commi ee.
Barb Letcher is currently looking for
volunteers to join her team. Please contact
Barb at legisla [email protected] to learn how
you can be a part of her commi ee.
Join the Newsle er Commi ee. The
newsle er is currently calling on members
to revamp the monthly bulle n. Want to
join the commi ee? Have an idea to
improve our publica on?Email
newsle [email protected] to contribute.
March 2012
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Page 6
March 2012
Cover Story Continued...
While we don’t know what challenges face the people we
meet every day, we do have the power to bring someone
hope, if only for a moment. And as Steve suggests, that
hope can multiply a thousand times. This keynote
speech will also offer up a wonderful dose of how to
make someone’s day, but warns that in order to be
inspiring you have to feel inspired. You have to fill your
own cup first. If you are happy, then you will make
other people happy. How you start your day will go a
long way in determining the rest of it. Steve’s presentation is a positive look at what is necessary to make a
difference and is a great reminder that Monday isn’t
designed to add depression to an otherwise happy week.
Making a difference is about conscious choices that do,
and will, impact the lives of people we encounter. It is
about leaders in an organization who behave in such a
manner that is congruent with the behavior they expect
from their employees. It is about modeling the behavior
you desire for the rest of the company. Your job gives
you authority. Your behavior earns you respect. This
speech is a simple yet profound idea that can change
your life. You don’t need money to make a difference;
you just need to discover true wealth. Whenever you
have someone else’s attention, your actions can convince
them that the world is a cold, frightening place, or that
it’s full of love and joy. Steve believes that one person
can change the world and it starts with you!
Steve Gilliland is one of the most in-demand and top
rated speakers in North America. Over two million people
have heard him speak, with his audiences crossing over 29
different industries. Steve has the distinction of speaking in
all 50 states and in 15 countries. In addition to his
brilliant speaking career, Steve is an accomplished author.
His book Enjoy The Ride™ has been on the publisher's best
seller list for five consecutive years. He was named Author of
the Year in 2010 and has been SHRM’s #1 rated speaker
five consecutive years at their national conference. For more
information visit www.stevegilliland.com.
GIVE BACK TO YOUR PROFESSION
Have a little extra time every month? Do you
want to give back to your profession?
HRACO committees are always seeking
volunteers to help us continue bringing quality
programming and professional development
opportunities to our membership. Currently,
we have openings in several areas including:
• Webinar Committee
• Special Interest Groups
- Employee Relations - NEW
- Compensation & Benefits
- Training & Development
- Staffing
Page 7
• Luncheon Committee (Responsible for
Keynotes and Workshops)
• Legal Conference Committee (majority of
time needed will be August to October)
If you're interested in volunteering or have
questions concerning the opportunities, please
email [email protected] and we'll be
happy to get you in touch with the appropriate
committee chair! Come join the fun and
volunteer today!
March 2012
February Monthly Meeting
Page 8
February 2012
Page 9
February 2012
Board Member Spotlight:
WORKFORCE READINESS
Kay Robinson, VP, Workforce Readiness
“Monitors and evaluates local activities concerning workforce readiness issues; supports
community, educational and professional activities regarding local employment; and
provides chapter involvement in activities impacting the Central Ohio workforce.”
Since 2011 I have had the honor of heading up the
Workforce Readiness Committee for HRACO. The last
few years have been a challenge to employers and job
seekers alike – and Workforce Readiness has been
actively involved in helping people prepare for, re-enter
or upgrade their employment.
In 2011 we supported the In-Transition SIG, led by
Tammy Evans. Tammy, with Lori Hall’s assistance, put
together outstanding meetings open to all HR job
seekers in the city. The meetings alternated between
networking with a featured skill-based speaker, and one
hour strategic HR skills seminars developed and
facilitated by Lori Hall. (As if the excellent seminars
were not enough, Lori was able to offer 1 HRCI credit
to attendees!) Last year we also supported COWIC
with HRACO members volunteering to facilitate classes
on resume writing, interviewing skills, etc. for both
professionals in –transition and inner-city high school
students seeking summer jobs.
For 2012 we are partnering with New Directions Career
Center and Ohio Combat Veterans to provide career
development training, candidate coaching, networking
events, job leads and supplies and reference materials.
We have sub-Committees hard at work to support these
efforts and these individuals would welcome volunteers
from with HRACO to help drive these initiatives. If
you would be interested in volunteering please contact
me at [email protected].
FIND
HRACO
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Page 10
March 2012
WhatImpactWillStateGovernmentHaveontheHRProfessionin2012?
By Anthonio C. Fiore, Esq.
Human resource professionals across Ohio are faced with a myriad of issues and
situations demanding informed decisions every single day. A large part of their
responsibility lies in understanding federal, state and local laws and how they
affect their business operations. Sometimes the federal or state government
makes decisions that make compliance with laws easier, but at other times, the
choices made by these same groups only add to the already cumbersome
responsibilitiesthathumanresourceprofessionalsmustdealwitheachday.
OnFebruary7,2012,GovernorJohnKasichdeliveredhisStateoftheStatespeech
at Wells Academy in Steubenville, Ohio. His strategy in choosing Wells Academy
was to highlight a school where 60 percent of the enrolled children are considered economically
disadvantaged,yetonethatranksnumberoneinOhioinacademicperformance.HehighlightedWells
Academy’s operations and credited their success to the fact that funding is going where it is needed
most,theclassroom,andnottoadministrativeoverhead.
WhyisKͲ12educationsoimportanttoHR?It’ssimple.Studentstodayaretheworkforceoftomorrow.
Inhisspeech,GovernorKasichcriticizedthehighdropoutrateinurbanschoolsandnotedthecostof
providing remedial education for students who graduate unprepared. Students that do not graduate
fromhighschool,orgraduatewithoutsoftskills,addtothecostoftrainingforemployersandfrequently
requireadditionalresourcestoeducateortrain.
The Governor said he will spend the next year working toward a consensus on how to fix public
education. He highlighted the success of Cleveland Mayor Frank Jackson's newly introduced school
reformplan,saying,"I'mcountingonClevelandtodeliverthegoods...Wecanchangeurbaneducation
inOhioandinAmerica.Thatisworthfightingfor."
Whatabouttheexistingworkforceorstudentsinhighereducationinstitutionspreparingtoenterthe
jobmarket?GovernorKasichexplainedthatit’scriticalforcollegesandotherjobͲtrainingprogramsto
provideworkerswiththeskillstomatchthe80,000unfilledjobsinOhio.Ohio’sunemploymentratehit
8.1percentinDecember,2011,downfrom9.5percentthepreviousyear,justbeforeGovernorKasich
tookoffice.TheGovernorstatedthatOhiohaspickedup43,500jobsandclimbedfrombeingranked
48thinjobcreationto9th,andisNumber1intheMidwest.But,theKasichAdministrationunderstands
thatthestate’sexistingworkforcedevelopmentsystemisfailingtoadequatelyassistourunemployed,
underemployedandincumbentworkforce.
TheGovernorpromisedtooverhaulandconsolidatethe77differentjobͲtrainingprogramsinthestate,
and called on colleges to work together to increase graduation rates and eliminate duplication in
programs."Wehavetoputthistogetherandletnothingstandinourway,"hesaid.
To that end, on February 9, 2012, Governor Kasich signed an Executive Order creating the Office of
WorkforceTransformation(OWT)andtheGovernor’sExecutiveWorkforceBoard.TheOWTistasked
withcoordinatingandaligningworkforcepolicies,programs,andresourcesacrossstategovernmentto
improveeffectiveness,efficiencyandaccountability.Tobetterunderstandthescopeofthisundertaking,
itishelpfultonotethat77differentprogramscompriseOhio’sworkforcedevelopmentstructureacross
13 state agencies. Many of the related funding streams are overly complex, fragmented,
Page #4835Ͳ8751Ͳ4894v1,02/20/1212:19PM
11
March 2012
administratively burdensome, and do not adequately align with regional and state economic
developmentneeds.
The Governor’s Executive Workforce Board is tasked with advising the Governor and OWT on the
development,implementation,and continuousimprovementof Ohio’sentireworkforcesystem.Déjà
vu? For some employers this Board may sound familiar because, for nearly a decade, former
administrationshavebeentryingtopulltogetherbusinessleadersandhumanresourceprofessionalsto
helptheGovernordevelopworkforcepolicies.WhatmakesGovernorKasich’sinitiativedifferentthan
previousadministrationsisitsfocus.Fordecades,thecurrentsystemhaslackedacentralguidingentity
toensurethattherightresourcesaresetasideforjobtrainingservicesandthatworkershavetheskills
theyneedtofillopenjobstodayandinthefuture.
WhatelseistheadministrationdoingtohelpOhiobusinesses?AftertheKasichͲTaylorAdministration
took office, Lt. Governor Mary Taylor was tasked with overseeing CSI Ohio: The Common Sense
Initiative. CSI Ohio was created by executive order and codified in the Ohio statute by SB 2. The
Initiative builds a regulatory framework that promotes economic development and one that is
transparent and responsive to regulated businesses, thus making compliance as easy as possible and
providingpredictabilityforbusinesses.
A higher level of accountability in the administrative rulemaking process is a critical part of the CSI
Initiative.EveryadministrativerulethataffectsbusinessesmustundergoaCSIBusinessImpactAnalysis,
and is subject to new scrutiny by the General Assembly. In addition, another new program called
“BuckeyesForever”enticesOhiohighschoolgraduateswholeavethestatetoreturnwiththepromise
ofpaidinͲstatetuitionforbothcollegeandgraduateschool.
AnothermajorinitiativebroughtaboutduringtheKasichAdministrationwasthecreationofJobsOhioin
HB 1. JobsOhio is an aggressive economic development strategy to help build new businesses, grow
existingones,andbringnewcompaniestoOhio.Additionally,theJobCreationTaxCredit,arefundable
tax credit, is an incentive offered to companies that create at least 10 new jobs (within three years),
with a minimum annual payroll of $660,000, and that pay at least $10.87 per hour (or 150% of the
federalminimumwageof$7.25perhour).
The Kasich Administration has made the aforementioned changes during its first year, aided in great
partbystrongsupportfromOhio’s129thGeneralAssembly.Onebillcurrentlypendinginthelegislature,
HB 18, would provide a state grant to eligible employers of $500 per employee. The eligibility
requirementsarethatacompanymustleaseorpurchasevacantcommercialspaceforitsbusiness,and
increaseitspayrollbyhiringnewemployeesorincreasingthepayoftheexistingworkforce.Ifenacted,
HRprofessionalsinmediumorlargercompaniesmightconsiderleveragingthegrantbenefitsforgrowth
opportunities, especially if the company is in a position to reͲorganize the workforce into a smaller
numberoflocations.HRprofessionalsinsmallercompanieslookingtoexpandintolargerfacilitiesthat
choose to renovate or improve existing commercial space instead of building a new facility may also
benefitifthenewlawisenacted.
All levels of government, whether federal, state or local, can significantly impact HR professionals
throughout Ohio. Keeping educated on changing laws is important. Equally important is for HR
professionalstoprovideinputtoHRACO,theOhioStateCouncilofSHRM,andSHRMontheissuesthat
specifically impact human resources and business ownership. Lastly, HR professionals need to be
involved in initiatives and legislative proposals before they become law, and need to do their due
Page 12
#4835Ͳ8751Ͳ4894v1,02/20/1212:19PM
March 2012
diligenceinmakingeducatedandinformeddecisionsinchoosinglegislativeandexecutiveleadersatall
levels of government. The primary election for 2012 is on March 6, when Ohioans will be selecting
candidates for the November ballot. The ballot will include candidates for offices of President,
Congress, House and Senate, as well as local offices. HR professionals need to task each other with
beinginformedandinvolvedinlearningmoreaboutthecandidatesandchanginglawsthatwillcertainly
impactHRprofessionalsforyearstocome.
Tony Fiore is an attorney with the law firm Kegler, Brown, Hill & Ritter, L.P.A. Mr. Fiore focuses his
practice on government affairs, labor & employment law and international business. He can be contacted at
#4835Ͳ8751Ͳ4894v1,02/20/1212:19PM
An Extremely Active NLRB Requires HR’s Attention
Unless you lived in a cave in 2011 – and your cave
did not have WiFi – you likely heard about a lot of
changes
from
h
f the
th National
N ti l Labor
L b RRelations
l ti BBoard.
d
And, if you’re like most companies I deal with,
unless you have a union or are immediately
impacted by the changes you heard, you probably
didn’t pay too much attention to them.
In one ear and out the other. That’s how I
approach most legal and legislative updates until
someone says “Matt, this stuff matters to you, so
listen up.” Well, here I am telling you that what follows matters to you.
Even if your company is union-free, the National Labor Relations Act applies to
you and many of these changes target non-union employers more than they
do companies with an established labor union. The overall goal of the 2011
NLRB (comprised mostly of former union lawyers) was to make unions more
prevalent and expand the reach of the National Labor Relations Act into new
areas of the workplace.
Because of the high number of major changes, this article will just highlight
what changed in a simple bullet point format. No need to write a tome about
these changes, other lawyers have already done that and can be found in
Google. Consider this a cheat sheet of sorts, something to make you aware of
the new rules.
• President Obama appointed three new Board Members to the NLRB without
the Senate’s approval. Republican Senators say this is not allowed and are
challenging the appointments as unconstitutional. So whether any NLRB 2012
decisions are valid will be determined in the months ahead.
• The NLRB prohibits employees from signing arbitration agreements that
prevent them from joining other workers in class-action arbitration
proceedings or lawsuits. (D.R. Horton, Inc., 357 NLRB No. 184, Jan. 2012)
• The NLRB invalidated a personnel policy that prohibited employees from
discussing matters that were being investigated by the employer. The Board
held that companies can only keep employees from discussing ongoing
investigations when testimony is likely to be altered, witnesses need
protection, or evidence may be destroyed. (Hyundai American Shipping, Inc.,
357 NLRB No. 80, Dec. 2011)
• Field supervisors are permitted to encourage workers to vote in favor of a
union despite long-standing rules to the contrary. The NLRB felt that the
supervisors in question did not have enough authority to speak on
management’s behalf and were thus treated as non-managerial employees.
(DIRECTV Holdings, LLC, 357 NLRB No. 149, Dec. 2011)
• A company rule requiring employees to only perform work during working
hours violated the NLRA because such a rule could confuse employees into
believing that they could not engage in union solicitation during breaks and
lunches. According to the NLRB, “working hours” now means time when you
are at work, not time spent actually working. (Hyundai American Shipping,
Inc., 357 NLRB No. 80, Dec. 2011)
• The Board made it much more difficult for employees to challenge a union’s
status as their exclusive bargaining representative after an employer
Page 14
voluntarily recognizes a union (Lamon’s
(Lamons Gasket Co.,
Co 357 No.
No 72,
72 Aug.
Aug 2011) or
after a company purchases a unionized company (UGL-UNICCO Service Co., 357
NLRB 76,
76 Aug
A 2011)
• The NLRB said that the following policy violated the NLRA: “Voice your
complaints directly to your immediate supervisor or to human resources
through our ‘open door’ policy…Complaining to your fellow employees will
not resolve problems” because it allegedly prohibited employees from
speaking to co-workers about terms and conditions of employment. (Hyundai
American Shipping, Inc., 357 NLRB No. 80, Dec. 2011)
• Micro-bargaining units are permitted. Now, unions can more readily organize
employees by job titles and classifications instead of the traditional
community of interest standard. Employers face the likelihood of several
smaller bargaining units that are easier for unions to organize and several
collective bargaining agreements that are more difficult for employers to
administer. (Specialty Health Care 357 NLRB No. 83, Aug. 2011) and (DTG
Operations, Inc., 357 NLRB No. 175, Dec. 2011)
• On April 30, 2012 both union and non-union employers subject to NLRB
jurisdiction – which is pretty much every private sector company – must post
an “NLRA Rights” poster containing a comprehensive list of employee rights
under the National Labor Relations Act. This poster includes passages
reminding employees they have the right to act together to improve wages
and working conditions, to form, join, and assist a union, and to bargain
collectively with their employer. This rule has been challenged as violating the
NLRA, exceeding the Board’s authority, and as unconstitutional. I will keep you
updated on its status as April 30th approaches.
• The NLRB’s new “quickie elections” rule will also take effect on April 30, 2012.
Beginning then, the time period between when a union files a petition with
the NLRB seeking and election and the holding of the election will be
dramatically reduced from the standard ~45 days. Statistics show that the less
time employers have to campaign to remain union-free before an election, the
more likely the employees are to vote in favor of union representation.
Based on the above changes, prudent employers should: 1) review
employment agreements for mandatory arbitration clauses; 2) review
handbooks to ensure confidentiality provisions do not violate Hyundai
American Shipping and that no solicitation / no distribution policies comply
with the Board’s working time versus working hours distinction; 3) determine
whether managerial employees can, in fact, speak on behalf of the company;
4) make sure that your “open door” policy does not prohibit legitimate
communication between employees; and 5) review titles and classifications of
non-managerial employees in case those employees become targets of a
micro-unit union organizing campaign.
If you’re saying to yourself, “Matt didn’t mention anything about social media
and the NLRB,” you’re right. Social media is so hot right now – meaning that
the NLRB is trying to regulate how both union and union-free companies react
to employees’ engagement in social media – that a social media update will
be an article on its own next month.
Matt Austin is a Columbus, Ohio labor lawyer who owns Austin Legal, LLC, a
boutique law firm that limits its representation to employers dealing with
labor, employment, and OSHA matters. Matt can be reached by email at
[email protected] or directly by cell phone at 614.843.3041.
March 2012
The following information can be used by your company to assist in your wellness programming and planning efforts. You have our
permission to reprint and share these article with you company’s employees as an education tool for living a healthy lifestyle.
MARCH IS NATIONAL NUTRITION MONTH®!
This year’s theme is
“Get Your Plate in
Shape”.
Here are some simple
reminders and fun Ɵps
to build healthy plates
and get acƟve!
Before you eat, think
about what goes on
your plate or in your cup
or bowl. Foods like
vegetables, fruits, whole
grains, low-fat dairy products, and lean protein foods
contain the nutrients you need without too many
calories.
Try some of these Ɵps from the USDA’s
ChooseMyPlate website: “10 Ɵps to a Great Plate”
1) Balance Calories: Find out how many calories
YOU need for a day as a first step in managing
your weight. Go to www.ChooseMyPlate.gov to
find your calorie level. Being Physically acƟve
also helps you balance calories.
2) Enjoy your Food, but eat less: Take the Ɵme to
fully enjoy your food as you eat it. EaƟng too
fast or when your aƩenƟon is elsewhere may
lead to eaƟng too many calories. Pay aƩenƟon
to hunger and fullness cues before, during, and
aŌer meals. Use them to recognize when to eat
and when you’ve had enough.
3) Avoid oversized porƟons: Use a smaller plate,
bowl, and glass. PorƟon out foods before you
eat. When eaƟng out, choose a smaller size
opƟon, share a dish, or take home part of your
meal.
4) Foods to eat more oŌen: Eat more vegetables,
fruits, whole grains, and fat-free or 1% milk and
dairy products. These foods have the nutrients
you need for health- including potassium,
calcium, Vitamin D, and fiber. Make then the
basis for meals and snacks.
5) Make half your Plate Fruit and Vegetables:
Choose Red, Orange, and dark green vegetables
Page 15
like tomatoes, sweet potatoes, and broccoli
along with other vegetables for your meals. Add
fruit to meals as part of main or side dishes or
as dessert.
6) Switch to fat-free or low-fat (1%) milk: They
have the same amount of calcium and other
essenƟal nutrients as whole milk, but fewer
calories and less saturated fat.
7) Make half your grains whole grains: To eat more
whole grains, subsƟtute a whole-grain product
for a refined product- such as eaƟng
whole-wheat bread instead of white bread or
brown rice instead of white rice.
8) Foods to eat less oŌen: Cut back on foods high
in solid fats, added sugars, and salt. They
include cakes, cookies, ice cream, candles,
sweetened drinks, pizza, and faƩy meals like
ribs, sausages, bacon, and hot dogs. Use these
foods as occasional treats, not every day foods.
9) Compare Sodium in foods: Use the NutriƟon
Facts Label to choose lower sodium versions of
foods like soup, bread, and frozen meals. Select
canned foods labeled “low sodium”, “reduced
sodium”, or no salt added.”
10) Drink water instead of sugary drinks: Cut
calories by drinking water or unsweetened
beverages. Soda, Energy drinks, and sports
drinks are a major calorie source of added sugar,
and calories, in American diets.
Now that we have reviewed how to make our Plates
Healthy, let’s take a look at some great ways to get
acƟve!
According to www.ChooseMyPlate.gov adults should
do at least 2 hours and 30 minutes each week of
aerobic physical acƟvity at a moderate level OR 1
hour and 15 minutes each week of aerobic physical
acƟvity at a vigorous level. Being acƟve 5 or more
hours each week can provide even more health
benefits. Spreading aerobic acƟvity out over at least 3
days a week is best. Also, each acƟvity should be
done for at least 10 minutes at a Ɵme. Adults should
also do strengthening acƟviƟes, like push-ups, sit-ups
and liŌing weights, at least 2 days a week.
March 2012
Here are some great ways to get ac ve!
At Home:
•Join a walking group in the neighborhood or at the
local shopping mall. Recruit a partner for
encouragement.
• Push the baby in a stroller
• Get the whole family involved – enjoy an a ernoon
bike ride with your kids
• Walk up and down the soccer or so ball field
sidelines while watching the kids play
• Walk the dog- don’t just watch the dog walk
• Clean the house or wash the car
• Walk, skate, or cycle more, and drive less.
• Do stretches and exercise while watching TV
• Exercise to a workout video
At Work:
• Get off the bus or subway one stop early and walk
the rest of the way
• Replace a coffee break with a brisk 10-minute walk.
Ask a friend to go with
• Take part in an exercise program at work or a nearby
gym
• Join the office so ball team or walking group
At Play:
• Walk, jog, skate, or cycle
• Swim or do water aerobics
• Take a class in mar al arts, dance, or yoga
• Golf (pull or carry clubs)
• Play racket ball, tennis, or squash
• Take a nature walk
• Most important: HAVE FUN WHILE BEING ACTIVE!
Some change is be er than none. Choose a few ps to
work on and make March YOUR Month to “Get your Plate
in Shape”!
*Don’t Forget Registered Die an Day is Wednesday,
March 14, 2012 so make sure you say “thank you” to all
the RD’s out there!*
Sources: h p://www.choosemyplate.gov/
Kayla Jupp
The Rite Bite Diete c Intern
Laura Poland RD, LD
Execu ve Director
171 Green Meadows Drive South
Lewis Center, OH 43035
www.theritebite.com
WEBINAR COMMITTEE
The webinar commi
mmi ee for
or 2012 is excited to
ts you’ve asked for and what we
bring you subjects
h top HR iissues.
have researched as the
We have the first 5 scheduled, so please note the
dates on your calendar, so as not to miss!
March 21, noon to 1, Social Recrui ng – Without
Bias
May 2, noon – 1, Reten on & Development
Strategies for Genera ons X & Y
July 18, noon – 1, Health Care Reform Update
Sept. 19, noon – 1, HR Strategy
Nov. 14, noon – 1, FMLA
The first speaker is Monique Kahkonen, SPHR, HR
Learning & Development consultant, she has over
15 years’ experience of HR training. She has
wri en local and regional publica ons on a wide
variety of HR topics. She is an ac ve member of
SHRM. She graduated summa cum laude from
Page 16
Wright State University, with a Ba
Bachelor of
Science degree in rehabilita on ccounseling.
Following this webinar, you’ll understand:
Concept of social recrui ng and trends, how to
use with your exis ng ac vity, key elements of
building a social recrui ng policy & understanding
key issues you need to be aware of using this
method.
All webinars are pending HRCI approval.
Member cost is $10.00
Guest cost is $15.00
Register early!
Respec ully submi ed,
Cindy Gel ng cindy.gel [email protected]
Monica Zoerner [email protected]
Ray Jus ce rjus [email protected]
We welcome your feedback!
March 2012
Avoiding Disagreements When Talking About Finances
For some couples, talking about finances becomes taboo
due to differences in money management styles and
financial goals for the future. It turns out that financial
disagreements between couples may reflect a
fundamental difference in the way men and women
approach money matters.
helpful to recognize your own financial strengths and
weaknesses and those of your spouse or partner so you
can have a rational conversation and find a common
ground. By approaching your finances with an idea
about how the other may view it, you will likely have a
more productive conversation.
Data reveals the role gender may play during financial
planning.
Research commissioned by Ameriprise Financial reveals
that men and women are planning for one of their
biggest financial milestones – retirement – in very
different ways. 1 More than half of men surveyed report
setting money aside in their own investments, but not
nearly as many women say they’ve done the same (54%
vs. 46%). Men are also more likely to have determined
the amount of income they will need in retirement (31%
vs. 20%).
Keep both partners involved.
Your financial goals and priorities will likely evolve as
you move through life, but make sure both partners are
involved along with way. While it’s not a pleasant
thought, there is a possibility that you or your spouse
may be managing your finances alone at some point. It’s
important that both partners remain equally involved in
financial decision-making so in the event that one
spouse is left to make these decisions alone, they can
remain financially secure. This may also minimize
conflict amongst other family members in the wake of a
tragedy or sudden death.
While women may not be focusing as much on financial
goals, they are more likely to report that they’ve thought
about what they’d like to do when they retire. Women
are significantly more likely than men to say they plan to
spend more time with family (41% vs. 34%), and that
proximity to family is a very important factor in
determining where they will retire (40% vs. 27%). They
are also more likely to rate access to healthcare options
and facilities as a very important factor (38% vs. 32%).
These differences in how men and women approach key
financial decisions may be present for many other
milestones as well, such as starting a family or buying a
home. So how can you bridge the gap to approach your
goals in a way that makes both you and your partner
comfortable? The following tips may help guide you
through these conversations.
Don’t avoid financial discussions.
Be available to your partner and communicate often –
setting expectations ahead of time can minimize future
disagreements. Keep in mind that it’s crucial to discuss
financial matters to ensure your plans for the future are
in sync – but be prepared to compromise. Also
remember that financial planning isn’t just math – it can
be an emotional process as well. Balance rational
thinking from a financial standpoint with finding the
right way to communicate your ideas and expectations
as a part of family discussions.
Understand your differences.
The key here is to understand each other’s financial
personality and approach to money, so you can tackle
your financial needs and goals with mutual respect. It’s
Page 17
Put it all in perspective.
While finances can create plenty of stress in
relationships, it’s important to keep the big picture in
mind. While you plan as a couple, consider important
factors like your career goals, how you might support
your children, and when and how you might retire.
Though talking about finances may never come
naturally, plan some time with your spouse or partner
this year to have an open financial dialogue and to share
your vision of your future together.
Jason Buehner CFP® CRPC®
Financial Advisor
Michael Maurer and Associates
Ameriprise Financial, Inc.
530 W. Spring Street
Columbus, OH 43215
(614) 621-2639
ameripriseadvisors.com/jason.a.buehner
This communication is published in the United States for residents of Ohio only; and this
advisor is licensed only in the states of FL, GA, KY, OH and VA
1 The New Retirement Mindscape 2011 City Pulse index was created by Ameriprise
Financial utilizing survey responses from 11,611 U.S. adults ages 40-75. The survey was
commissioned by Ameriprise Financial, Inc. and conducted online by Harris Interactive from
August 4-12, 2011. The national average sample and the 30 U.S. metropolitan areas were
each weighted independently to best represent each area. Propensity score weighting was also
used to adjust for respondents' likelihood to be online.
Brokerage, investment and financial advisory services are made available through Ameriprise
Financial Services, Inc. Member FINRA and SIPC. Some products and services may not be
available in all jurisdictions or to all clients.
© 2012 Ameriprise Financial, Inc. All rights reserved. File #
March 2012